Firearm Due Process Protection Act
Firearm Background Checks: Speeding Up Record Corrections
Firearm Due Process Protection Act of 2025
The Firearm Due Process Protection Act of 2025 has been reported by the House Judiciary Committee and is now waiting on the Union Calendar. It is currently moving through the legislative process as it awaits further action on the House floor. There is no companion bill listed at this time.
Legislative Progress
The bill has strong support from House leadership and has cleared the committee stage. However, it may struggle to get enough votes in the Senate where gun-related legislation often faces more opposition.
Key Points
- This bill aims to fix delays when people try to correct mistakes in the national gun background check system. Currently, if someone is wrongly flagged as unable to buy a gun, they can ask for a correction, but the process can take a long time without a clear end date.
- Under this plan, the FBI would have exactly 60 days to finish its review of a record correction request. If the agency misses this deadline or fails to fix a mistake, the person can take the matter to court to get it resolved quickly.
- If a case goes to court, a judge must hold a hearing within 30 days. At that hearing, the government would have the burden of proving that the person is actually disqualified from owning a gun, rather than the person having to prove they are allowed to have one.
- If a person wins their case or if the government fixes the record only after being sued, the government would have to pay for the person's lawyer fees and legal costs. This is meant to discourage the agency from ignoring valid requests or dragging its feet.
- The FBI would also be required to send a report to Congress every year. This report would show how many people challenged their records, how many won their appeals, and how long the average fix took to complete.
Impact Analysis
Govbase has not yet run an impact analysis on this legislation.
Milestones
Placed on the Union Calendar, Calendar No. 290.
The bill is now on the schedule for the full chamber to consider. It's in line for debate and a vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-338.
Ordered to be Reported (Amended) by Voice Vote.
The committee approved this bill and is sending it to the full chamber for a vote. This is a significant step — most bills never get this far.
Committee Consideration and Mark-up Session Held
Referred to the House Committee on the Judiciary.
Votes
No votes have been recorded for this legislation yet.
Related News
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Two Bills in Congress Could Be Huge Wins for the Second Amendment
H.R. 2184, the Firearm Due Process Protection Act, aims to enhance the rights of people wanting to purchase a firearm who may be denied as the result of errors in the National Instant Criminal Background Check System (NICS). It requires federal officials to make a determination within 60 days.
Bill would force feds to correct NICS record in 60 days
Rep. Tom Emmer introduced the Firearm Due Process Protection Act to ensure that an appeal to the National Instant Criminal Background Check System is issued a determination within 60 days. The bill allows for court action if the government fails to act, placing the burden of proof on officials.
Action Packed Week for Second Amendment Rights: What Michigan Gun Owners Need to Know
The Firearm Due Process Protection Act has been reintroduced by Congressman Tom Emmer. This legislation addresses concerns about individuals who are wrongfully denied the ability to purchase firearms due to administrative errors in the NICS, seeking to provide a clear and timely appeals process.
Source Information
Document Type
Congressional Bill
Official Title
Firearm Due Process Protection Act of 2025
Data Sources
Sponsor
Cosponsors
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